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AF | BCMR | CY2002 | BC-2002-01769
Original file (BC-2002-01769.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 02-01769

            COUNSEL:  IL DEPT OF VET AFFAIRS

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His general discharge be upgraded.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

He was unjustly accused of wrongdoing and  was  court-martialed  along  with
the individual who was guilty.

The applicant states that another airman had participated in a visit from  a
German girl in  the  quarters  and  he  was  wrongfully  accused  of  having
relations with her and was court-martialed.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 19 November  1945  for  a
period of three years  and  was  progressively  promoted  to  the  grade  of
private first class.

Inasmuch as  the  discharge  correspondence  is  not  available,  the  facts
surrounding the applicant’s discharge are unknown.

The available record reflects that he was tried and convicted by  a  summary
court-martial on 28 August 1946 for failure to repair  on  27  August  1946.
He was sentenced to confinement for three days and forfeiture of $5.32.

On 22 October 1946, he was tried and convicted by  a  summary  court-martial
for conducting himself in a disorderly  manner  by  introducing  a  fraulein
into his quarters, thereby failing to obey a direct order by his  commanding
officer.  He was sentenced to confinement at hard labor for 14 days.



The applicant was discharged under  the  provisions  of  AR  615-365  on  17
November 1948, with service  characterized  as  under  honorable  conditions
(general).  He completed 2 years, 11 months, and 28 days of active service.

Pursuant to the  Board's  request,  the  Federal  Bureau  of  Investigation,
Washington, D.C., indicated on the basis of the  data  furnished  they  were
unable to locate an arrest record (Exhibit E).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends the applicant be denied and states, in part, that  the
applicant admitted in his statement he  was  convicted  by  a  court-martial
after being accused of having relations with a German girl in his  quarters.
 He was also convicted by two summary courts-martial for failure  to  repair
and conducting himself in a disorderly manner.  Based on  the  documentation
in  the  file,  the  discharge  was  consistent  with  the  procedural   and
substantive requirements of the discharge regulation.

The AFPC/DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 14 June 2002 for review and response within  30  days.   However,  as  of
this date, this office has received no response.

On 6 September 2002, the applicant was offered  an  opportunity  to  provide
information  pertaining  to  his  activities  since  leaving  the   service;
however, no response has been received.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or
regulations.

2.  The application was not timely filed; however, it is in the interest  of
justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice.  After thoroughly reviewing  the  available
evidence of record and noting the applicant’s complete submission,  we  find
no evidence of error or injustice.  In this respect, the  discharge  appears
to be in compliance with the governing regulation in effect at the  time  of
his separation.  The applicant has provided no  evidence  to  indicate  that
his separation was inappropriate.  Absent persuasive evidence applicant  was
denied rights to which entitled, appropriate regulations were not  followed,
or appropriate standards were not applied, we find no basis to  disturb  the
existing record.

4.  We also find insufficient evidence to warrant a recommendation that  the
discharge be upgraded on the basis of  clemency.   We  have  considered  the
applicant's overall quality of service and the absence of  evidence  related
to his post-service activities and accomplishments.  On balance, we  do  not
believe that clemency is warranted.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of material error  or  injustice;  that  the  application  was
denied without a personal appearance; and that the application will only  be
reconsidered upon the submission of newly discovered relevant  evidence  not
considered with this application.

________________________________________________________________

The following members of the  Board  considered  Docket  Number  02-1769  in
Executive Session on 19 December 2002 under the provisions of AFI 36-2603:

                       Mr. Thomas S. Markiewicz, Vice Chair
                       Ms. Martha Evans, Member
                       Ms. Diane Arnold, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Jun 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 14 Jun 02.
    Exhibit D.  Letter, SAF/MRBR, dated 21 Jun 02.
    Exhibit E.  Request for FBI Report, dated 6 Aug 02.
    Exhibit F.  Letter, AFBCMR, dated 6 Sep 02, w/atch.




                                   THOMAS S. MARKIEWICZ
                                   Vice Chair

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